Contra Costa County Municipal Code Art. 82-28.8 Administration

A floodplain permit shall be obtained from the Contra Costa County public works department before construction, and prior to issuance of a grading permit or building permit, or commencement of development on any property within any area of special flood hazards established in Section 82-28.604. Application for a floodplain permit shall be made on forms furnished by the floodplain administrator, in the public works department of Contra Costa County and may include, but not be limited to: plans in triplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; and the location of existing or proposed structures, fill, storage of materials, drainage facilities or other development defined in this ordinance. Specifically, the following information is required:

(1) Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures. In zone AO or VO, elevation of highest adjacent grade, and proposed elevation of lowest floor of all structures;

(2) Proposed elevation, in relation to mean sea level, to which any structure will be floodproofed;

(3) All appropriate certifications listed in Section 82-28.806;

(4) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development; and

(5) Description of the extent to which grading is proposed within the SFHA.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

Prior to a variance permit, land use permit, development plan permit or tentative map application being deemed complete on any property within any area of special flood hazards established in Section 82-28.604, an applicant must provide verification from the floodplain administrator that the required flood zone, BFE and minimum finished floor elevation has been determined.

(Ord. 2000-33, 99-35, 96-11).

The public works director of Contra Costa County shall be the floodplain administrator but may designate a person under the public works director's supervision (chiefly the floodplain manager) to administer and implement this ordinance by granting or denying floodplain permits in accordance with its provisions.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

The duties and responsibilities of the floodplain administrator shall include, but not be limited to, the following:

(1) Review Permits.

(a) Review all floodplain permits to determine that the permit requirements of this chapter have been satisfied;

(b) Review written statements required to be submitted by each applicant that all other required state and federal permits have been obtained;

(c) Review floodplain permits for compliance with FEMA requirements for elevation of structures above the floodplain plus freeboard; and

(d) Review floodplain permits for compliance with FEMA requirements so that the proposed development does not adversely affect the carrying capacity of the floodway. For purposes of this chapter, "adversely affect" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will increase the water surface elevation of the base flood more than 0.30 meters (one foot) at any point.

(2) Use of Other Base Flood Elevation Data. When base flood elevation data has not been provided in accordance with Section 82-28.604, the floodplain administrator shall require, obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer Section 82-28.10. Generally speaking, consisting of more than ten new insurable structures will be required to determine the base flood elevation by developing a detailed hydrology and hydraulic study, including, but not limited to, a back water analysis. Developments of ten or fewer insurable structures will be required to determine the base flood elevation using standards acceptable to the floodplain administrator.

(3) Notify Agencies of Watercourse Alteration or Relocation. When a watercourse is to be altered or relocated, the floodplain administrator shall notify the Contra Costa County flood control and water conservation district, adjacent communities and the California Department of Water Resources prior to such alteration or relocation of the watercourse, send copies of such notice to the FIA, and require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained.

(4) Maintain Records. The floodplain administrator shall be provided with, and shall maintain, the following records:

(a) The certification required in Section 82-28.1002(3)(a) (floor elevations);

(b) The certification required in Section 82-28.1002(3)(b) (elevations in areas of shallow flooding);

(c) The certification required in Section 82-28.1002(3)(d)(iii) (elevation of floodproofing of nonresidential structures);

(d) The certification required in Section 82-28.1002(3)(d)(i) or 82-28.1002(3)(d)(ii) (wet floodproofing standard);

e) The certification of elevation required in Section 82-28.1006(2) (subdivision standards);

(f) The certification required in Section 82-28.1010 (floodway encroachments); and

(g) The information required in Section 82-28.1012(6) (coastal construction standards).

(5) Determination of Boundaries. The floodplain administrator may make interpretations where needed, about the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be conflict between mapped boundaries and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 82-28.12.

(6) Remedy Violations. The floodplain administrator may take appropriate action to remedy violations of this ordinance as specified in Section 82-28.606, with the assistance of the code enforcement officer.

(Ords. 2000-33, 99-35, 96-11, 90-118, 88-50, 87-45).

The board of supervisors of Contra Costa County shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the floodplain administrator in the enforcement or administration of this ordinance.

(Ord. 2000-33 and 99-35).